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What to Do if Your Employer Violates NYC’s Earned Safe and Sick Time Act

If you work in New York City, you need to be aware of your rights under New York City’s Earned Safe and Sick Time Act (ESSTA). It is an important piece of legislation that provides eligible workers safe and sick leave. Unfortunately, employers may violate an employee’s rights. Our New York employment attorneys discuss what you can do if your employer violated your rights under ESSTA.

Filing a Complaint if Your Employer Violates NYC’s Earned Safe and Sick Time Act

The Department of Consumer and Worker Protection (DCWP) enforces the requirements under the Safe and Sick Time Act. You can file a complaint with the DCWP if your employer violates your rights. You can also file a complaint in court.

You are not required to file a complaint with the DCWP before filing a lawsuit. Complaints in court and with the DCWP must be filed within two years of the date when the employee knew or should have known about the violation.

Complaints with the DCWP can be filed online, by calling the DCWP, or by email/mail.

Before filing a complaint with the DCWP, you may want to discuss your legal options with an employment lawyer. There could be an advantage to filing a lawsuit instead of a complaint. However, because of the strict filing deadlines, seeking legal advice as soon as possible is essential.

What Are the Penalties for Violating NYC’s Earned Safe and Sick Time Act?

If your employer violates your rights under the Earned Safe and Sick Time Act, the court or DCWP could order the employer to compensate the employee for violating their rights. Potential penalties include:

  • Three times the amount of pay the employee should have received but did not when they took safe and sick leave or $250, whichever amount is greater
  • $500 for each occurrence where the employer (1) unlawfully denied requested safe and sick leave; (2) required the employee to work extra hours to make up the time; or (3) required the employee to find a replacement to fill their shift
  • Full compensation, $500 to $2,500 in damages, and equitable relief for each time the employer retaliated against the employee

In addition to compensating the employee, the employer may be fined by the DCWP on a per-instance and per-employee basis. There could be additional penalties if it is proven that the employer has an unofficial or official policy or practice of refusing to allow or not providing safe and sick leave as required.

What Should I Do if My Employer Denies Required Safe and Sick Time?

Make copies of documents that relate to the violation, such as communication requesting time and replies denying time. Communication may include emails, memos, documents, text messages, etc. Create a list of witnesses who could verify your statement or testify about violations they experienced.

Seek legal advice as soon as possible. An attorney will review your claim and advise you on the next steps to protect your rights.

Learn More by Scheduling a Consultation With Our New York Employment Attorneys

Has your employer violated your rights under NYC’s Earned Safe and Sick Time Act? Call Lipsky Lowe LLP to talk with an experienced New York employment attorney to learn about your legal options for pursuing a claim against your employer.

About the Author

Douglas Lipsky is a co-founding partner of Lipsky Lowe LLP. He has extensive experience in all areas of employment law, including discrimination, sexual harassment, hostile work environment, retaliation, wrongful discharge, breach of contract, unpaid overtime, and unpaid tips. He also represents clients in complex wage and hour claims, including collective actions under the federal Fair Labor Standards Act and class actions under the laws of many different states. If you have questions about this article, contact Douglas today.